(1) Existing law prescribes summary procedures for actions to obtain possession of real property. Existing law authorizes a landlord to serve a notice of termination of tenancy on a tenant who is in default in the payment of rent. The notice must permit the tenant at least 3 days, excluding weekends and judicial holidays, to pay the amount that is in default and due. If the tenant does not pay the amount stated in the 3-day notice to pay rent or quit after its expiration, the landlord may file a complaint for unlawful detainer against the tenant to obtain possession of the premises. In such a summary proceeding, the court has discretion to relieve a tenant against forfeiture of their lease or rental agreement and restore the tenant to their former estate or tenancy. To seek such discretionary relief, the tenant must, among other things, make a showing of hardship and pay the full amount of rent due.
This bill would require a court presiding over an unlawful detainer action to restore a residential tenant to their former estate or tenancy if the tenant: (1) pays the full amount of rent in arrears, as specified, or (2) submits documentation of approval for rental assistance funds in an amount that would cover the full amount of rent in arrears. The bill would not require a tenant to make a showing of hardship to obtain this relief. The bill would allow a residential tenant seeking this relief to tender payment or submit required documentation to the landlord, the landlord's designated agent, or the court. If the tenant tenders such payment or submits required documentation before entry of judgment, the bill would require the plaintiff to request dismissal of the action against the tenant with prejudice. If the plaintiff fails to do so, the bill would require the court to dismiss the action upon receiving evidence that the tenant tendered such payment or submitted the required documentation. If the tenant tenders payment or submits required documentation after entry of judgment, but before restoration of the premises to the landlord, the bill would require the court to relieve the tenant against forfeiture of the lease according to specified procedures, set aside the judgment against all defendants in the action, and restore the tenant to their former estate or tenancy. The bill would require the 3-day notice to pay rent or quit, as described above, to contain a statement advising the tenant of their right to redeem their tenancy by paying or obtaining rental assistance funds to cover the specified rent in arrears. The bill would require the Judicial Council to develop an optional form that the tenant may file with the court to seek the relief described above.
(2) Existing law voids any provision of a lease or rental agreement of a dwelling by which the lessee agrees to modify or waive specified rights, including the right to a notice or hearing required by law, that are contrary to public policy.
This bill would additionally void as contrary to public policy any provision of a lease or rental agreement by which the lessee agrees to modify or waive their right to redeem their estate or tenancy by paying the full amount of rent in arrears or providing documentation of approval for rental assistance funds.

Statutes affected:
SB 436: 1953 CIV
02/18/25 - Introduced: 1953 CIV